Discrimination in the Workplace Ethics and The Law Allen L. McPhee
The Dilemma of Discrimination • Discrimination goes against the classical model of the free enterprise system. • Discrimination goes against the modern canonical view of business’ social and moral responsibilities.
The Dilemma of Discrimination • Discrimination is treated as illegal. • Discrimination is perceived as unethical.
Fighting Discrimination Ethics ... The Law …
Hate Greed Power Culture Misinformation Egotism Motives behind Discrimination Other Motives???
Discrimination?…Who?...Me?... WHITE MEN HETEROSEXUALS MEN NATIONALISTS ??? YOU ??? RELIGIOUS PEOPLE YOUNG PEOPLE BLACK MEN WOMEN
Reflections on Ethics Ethics means consciously choosing to do the right thing and then doing it. People who recognize the need for an ethical resolution must lead by example. Ethics requires a willing mind and is thereby limited to volunteers.
Fourteenth Amendment to the Constitution “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” –sect 1 of Amend.
Title VII of the Civil Rights Act of 1964 It is unlawful “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”
Age Discrimination in Employment Act of 1967 “It shall be unlawful for an employer... to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, term, conditions, or privileges of employment, because of such individual’s age... limit, segregate, or classify his employees in any way which would deprive… employment opportunities ...because of such individual's age; or (3) to reduce the wage rate of any employee in order to comply with this chapter.”
American with Disabilities Act of 1990 (ADA) “No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”
The Equal Employment Opportunity Commission • The EEOC was created in 1964 as part of the Civil Rights Act. • Today, it is charged with enforcing and monitoring most anti-discriminatory laws. • It is the workhorse behind the modern transformation of the workplace.
Affirmative Action A type of social program that targets institutions and intends to correct the effects of previous discrimination in employment and education. It is most effectively defended with statistical data showing major disparities in employment and education.
Opposition to Affirmative Action • Affirmative action is unjust because it violates the principle of equality. (Reverse discrimination) • Affirmative action denies individual self-esteem. • Affirmative action is a misuse of political power.
Discrimination in the Workplace Ethics and the Law THE END